Legal Question in Civil Litigation in Maryland
Neighbor Removed Connecting Property Fence
There is a fence between my house and the neighbors. Several years ago (before this neighbor) we added an extension to his fence by 10 ft and then an "L" for the gate which connects our house. The other day I arrived home and the neighbor had removed our portion of the fence. This allows my dog to leave the back yard freely. He also removed the pole that connects to my gate. Is this legal? I have filed criminal theft charges against him but don't know how to prove that that portion was put in by me or does it matter because he removed the fence without notifying us? I am in search of a lawyer
2 Answers from Attorneys
Re: Neighbor Removed Connecting Property Fence
A lot depends on how long ago a few years is. If you
had the fence up there for a certain period of
time then you have a case of adverse possession, but
that takes a very long time. If by a few years
you mean something like 5 years or so, then the
answer depends on whose property the fence was on.
If it was on yours then the neighbor was out of line
and you likely have recourse.
Hope that helps. You should, as you indicated you plan to, take all this information
and more to a lawyer. If I can be of help, let me
know. I'm in Howard County at 410-461-8465.
Lowell Wilson
Law Office of Lowell G. Wilson
8335 Court Avenue
Re: Neighbor Removed Connecting Property Fence
It certainly was unneighborly of your neighbor to take the action he did without consulting you, especially since he at least tacitly agreed to allow you to incorporate your addition to the fence in order to completely enclose your yard. If any of your addition is on your property or on the property line, you have a claim against your neighbor for destroying your property. I don't know if the police will treat it as a criminal matter, however.
Robert Sher
Wagshal and Sher
5530 Wisconsin Ave-Suite 1200